Does the property have law enforcement power?

Property companies have no law enforcement power.

Property behavior is only the behavior of ordinary civil subjects. Property management has a contractual relationship with the owner, and both parties are equal. Law enforcement power is a special right given to the subject by law, which is generally a state power organ. Property can only be stopped and discouraged, and stopping is invalid. It can only be reported to the administrative department, which will investigate and deal with it according to law. According to the relevant laws and regulations, the subject is qualified, the punishment is legal, the punishment is equal, the procedure is legal, and the punishment is combined with education. The so-called "qualified subject" means that the person who executes the fine must be a qualified law enforcement officer representing the law enforcement agency authorized by laws and regulations.

legal ground

Article 4 of the Administrative Punishment Law of the People's Republic of China follows the principles of fairness and openness.

(a) the establishment and implementation of administrative punishment must be based on facts, which are equivalent to the facts, nature, circumstances and social harm of the illegal act;

(two) the provisions on administrative punishment for illegal acts must be published; Without publication, it shall not be used as the basis for administrative punishment. Article 6 (1) Citizens, legal persons or other organizations have the right to state and defend the administrative punishment imposed by administrative organs; Refuses to accept the administrative punishment, have the right to apply for administrative reconsideration or bring an administrative lawsuit according to law;

(two) citizens, legal persons or other organizations have the right to claim compensation according to law for administrative penalties imposed by administrative organs in violation of the law. Article 7 (1) If a citizen, legal person or other organization is subject to administrative punishment for violating the law, and his illegal behavior causes damage to others, he shall bear civil liability according to law;

(two) if the illegal act constitutes a crime, criminal responsibility shall be investigated according to law, and administrative punishment shall not replace criminal punishment. Article 13 (1) The regulations formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, the municipal people's governments where the people's governments of provinces and autonomous regions are located, and the people's governments of larger cities approved by the State Council may make specific provisions within the scope of acts and the types and ranges of administrative penalties stipulated by laws and regulations.

(2) Where laws and regulations have not been formulated, the regulations formulated by the people's government as stipulated in the preceding paragraph may set administrative penalties such as warning or a certain amount of fine for acts violating administrative order. The limit of fines shall be stipulated by the standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government. Thirty-eighth after the investigation, the person in charge of the administrative organ shall review the investigation results and make the following decisions according to different situations:

(a) there are illegal acts that should be subject to administrative punishment, and make a decision on administrative punishment according to the seriousness and specific circumstances;

(two) the illegal act is minor, and administrative punishment may not be imposed according to law;

(three) if the illegal facts cannot be established, no administrative punishment shall be given;

(four) if the illegal act has constituted a crime, it shall be transferred to judicial organs.

If the circumstances are complicated or major illegal acts are given heavier administrative punishment, the person in charge of the administrative organ shall make a collective discussion and decision.

Before the person in charge of the administrative organ makes a decision, it shall be audited by the personnel engaged in the audit of the administrative penalty decision. Persons who are engaged in the examination of administrative punishment decisions for the first time in administrative organs shall obtain legal professional qualifications through the national unified legal professional qualification examination.